Absenteeism due to Temporary Disability from occupational accident; occupational illness; non-occupational disease or non work-related injury.

The duration of maternity leave is 16 uninterrupted weeks, which is extended by two more weeks in the case of multiple childbirth, adoption or fostering and in the case of the child's disability. If the baby has to remain hospitalised for more than one week after birth or in cases of premature childbirth, the maternity leave can be extended to a maximum of 13 weeks.

An option exists for the father to take paternity leave. The mother can assign the father up to a maximum of 10 weeks of her allocated leave, the first six weeks of the maternity leave being compulsory for the mother after birth.

Paternity leave from 1 April 2019 is 8 weeks.

Link: RD-Law 6/2019)

The General State Budgets Act no. 39/2010 of 22 December for 2011 (final provision twenty-one) incorporated into the legal system a new financial assistance within the protective action of the Social Security Institute named Care for minors suffering from cancer or other serious diseases allocated to biological, adoptive or foster parents who reduce their working schedule in order to care for such minors.

When the conditions of the workplace can have a negative influence on the health of the pregnant employee or of the foetus or in the event of breastfeeding a child of under nine months of age, the company must adapt her working time or conditions and, if this is not possible or sufficient, the employee must carry out a different work position or function compatible with her state.

Link: Law 31/1995

In cases in which none of these alternatives is technically or objectively possible or they cannot be demanded for justified reasons, the employee may see her working relationship suspended due to being in one of the two situations analysed.

Link: Legislative Royal Decree 2/2015, of 23 October, which approves the rewritten text of the Workers' Statute Law. Article 45.

These are absences for reasons included in the Workers' Statute (relating to death or severe illness, hospitalisation or surgical procedure without hospitalisation, medical consultations, marriage, pregnancy, birth, relocations, fulfilment of public and personal duty, examinations in regular studies for obtaining an academic or professional qualification and for trade union functions when forming part of a committee or union).

In addition, they include absences incorporated into the collective agreements (training, Committee meetings, authorised assemblies, etc.)

Finally, absences authorised sporadically due to constitutional referendum (general and municipal elections).

Absences due to unexpected events or unforeseen situations that prevent the employee's arrival at the workplace: bad weather, catastrophes, etc.

Unjustified absences for whatever reason.

When the absence entails the suspension of employment and salary.

Absences due to permits granted by the company at the particular level at the express request the interested party.

Strikes, unauthorised workers' assemblies and others of a political nature.

Absences that in reality conceal a personal or professional situation of difficult solution which entail a lengthening of the duration of sick leave processes or the contrary situation, i.e., short-duration but frequent sick leaves.

The employee is present in his/her workplace but performing tasks that do not correspond to expectations, causing a reduction of performance or effectiveness.

Some authors point out with the crisis emerged this type of absenteeism in employees who are present in the workplace but absent in their functions. The employee goes to work even when sick, does overtime to project a positive image, highlights his/her work by dedicating more time to tasks and complains about the workload.

Those employees who perform their tasks but do not produce according to their capacity, that is to say, they do not give the best of themselves.

Source: Chapter: Human Resources Framework (2nd Adecco Report on Absenteeism)